The case of a La Grange woman who alleges Lenoir County Sheriff’s Office deputies mistreated her during a July traffic stop has been continued to mid-February after her family hired a new attorney.

Brittany McPhail, 23, appeared before Lenoir County District Court Judge Timothy Finan on Tuesday with her current attorney, Dal Wooten III of Kinston.

McPhail, who was with her parents and uncles in court Tuesday, said she expected “to be found not guilty without a reasonable doubt” when she returns to court Feb. 19.

She is charged with one count of resisting a public officer, which is a Class 2 misdemeanor according to the N.C. General Statutes.

“She intends to plead not guilty,” Wooten said later Tuesday of McPhail.

McPhail has accused several deputies of pulling her from her vehicle, pepper-spraying her face and shoving her against her car after she was pulled over at the Travelers Service Station in La Grange.

An LCSO incident report confirmed Det. M.P. Williams pulled McPhail over after he observed her driving erratically while traveling west on Pauls Path Road from Kinston. He followed her down Willie Measley Road and onto U.S. 70 West, where he turned on his lights and siren.

McPhail proceeded onto Washington Street and did not stop until she reached the service station, according to the report.

The report stated Williams and other deputies tried to physically remove her from her car, but she fought them in the car. The report further states that when they got her on the ground, it required the use of pepper spray.

McPhail told the law enforcement officers she was on the phone with her father while Williams was following her, and her father advised her not to stop until she reached a well-lit area.

Her father, Jimmy McPhail of La Grange, witnessed the incident at Travelers, and has written to LCSO officials requesting an investigation.

He said Tuesday the family has gathered the “facts and evidence,” as well as witnesses, to corroborate his daughter’s account.

Wooten spoke briefly with Finan during Tuesday’s hearing, informing him he was McPhail’s new attorney — she had been represented by Nick Harvey Sr. of Kinston when she came to District Court in early October.

“We just wanted a change of attorney,” Jimmy McPhail said. “We just felt like it was in the best interest.”

Harvey, who was also at the courthouse Tuesday, declined to comment on why he and the McPhails separated, citing attorney-client confidentiality.

He praised Wooten, however.

“I do wish (Brittany McPhail) well, and I’ll be watching the trial when it comes up,” Harvey said.

The case was postponed to Tuesday after prosecutors won a continuance in October to ensure all law enforcement parties involved were able to be in court at the same time and that McPhail, who is attending UNC Greensboro, could be available for a trial.

Prosecutors did not make any statements during Tuesday’s hearing and could not be reached before press time.

Chief Deputy Chris Hill of the LCSO declined to comment on the case Tuesday since it is still being tried.

“The matter is in the courts right now and we’re waiting to see what happens,” he said.

Hill said the Sheriff’s Office had received the written request from Jimmy McPhail, but Brittany McPhail, as the person who alleged mistreatment, had to file a formal complaint before any action was taken.

David Anderson can be reached at 252-559-1077 or David.Anderson@Kinston.com. Follow him on Twitter at DavidFreePress.

BREAKOUT BOX:

Timeline:

n Night of July 5-morning of July 6, 2012: Brittany McPhail is followed by LCSO Det. M.P. Williams to the Travelers Service Station in La Grange, where she is pepper sprayed and arrested after a confrontation with deputies

n July 6, 2012: McPhail is released on $500 bond after being charged with resisting a public officer

n Oct. 9, 2012: McPhail appears in District Court, represented by Nick Harvey Sr.; case is continued to December